Legal counsel retained for Round 2............

The "Save Castalian Springs" group just retained David Amonette to

continue to represent us in the ongoing Hoover case, which is going 

before the Sumner Co. Chancery Court. We have sufficent funds to

cover this expense , but if the case continues past the Chancery Court

we will need additional funds. We realize that the county is furnishing

the attorney to defend the decision by the Zoning Board of Appeals,

but felt we needed someone to be attentive to our interest. We have

confidence that David will represent our concerns in a capable manner.

No date has been set before the Chancery Court and it could be March

or April of 2012. Hoover has filed a second suit against the County

regarding the lack of zoning which would permit additional rock quarries.

 

Tom Neal , for the Save Castalian Springs Group.

Quarry Lawsuits

For those of you so inclined, you may read the lawsuit papers (lawyers call them "pleadings") by downloading the attached files (simply click on the link; if you're on a Mac they should download and open in our PDF viewer "Preview" automatically; if you're on Windows, click on "Open" when the dialogue box appears and the same basic thing should happen).  The files are:

https://files.me.com/zach1965/tb9v41

and

https://files.me.com/zach1965/tfg4f5

The basic allegation of the first lawsuit is that the Board of Zoning Appeals acted "arbitrarily and capriciously" -- there is not enough evidence in the record to support the BZA's decision and thus the Court should overrule the BZA.

The second lawsuit is a bit more complicated.  In a nutshell, it says that, since Sumner County doesn't have any provisions in its Zoning Ordinance to accommodate quarries, the Court should order the County to let the quarry locate in Castalian Springs.

Regardless of the outcome in Chancery Court -- and I think our chances are excellent -- the case will be appealed to the Court of Appeals.

This is a long-term fight and we're in it to win it!

-- Kevin T. Williams

   Attorney at Law

   (Corum Hill Road)

P.S.  Please resist the temptation to call/write/e-mail with questions about the law -- we don't want to tip our hands so I can't answer them.

Lawsuit filed in Sumner County

Hoover has filed a lawsuit in Sumner County as of Sept. 2, 2011.   Click here: to see article published in The Tennessean, LOCAL Section on Sept. 5, 2011.